City Council - 03/01/1977 x
ADDENDUM TO COUNCIL AGENDA FOR MARCH 1 , 1977
The following item is to be added to the k
March 1 , 1977 Council Agenda under Item VI.
as follows:
E. Appointment of seven members to the
Human Rights Commission for three year
terms to commence March 1 , 1977
X
APPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL :
TUESDAY, MARCH 1, 1977 7:00 PM, CITY HALL
COUNCIL MEMBERS: Mayor Wolfgang Penzel , Billy Bye, Joan
Meyers, Dave Osterholt and Sidney Pauly
COUNCIL STAFF PRESENT: City Manager Roger Ulstad; City Attorney
Harlan Perbix; Planner Dick Putnam;
City Engineer Carl Jullie; Director of
Community Services Marty Jessen; and
Joyce Provo, Recording Secretary _
INVOCATION: Mayor Wolfgang Penzel
7.
PLEDGE OF ALLEGIANCE
ROLL CALL: All members present.
I. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
MOTION: Pauly moved, seconded by Meyers, to approve the Council Agenda as
published . Motion carried unanimously.
II. MINUTES
A. Minutes of the Council Meeting held Tuesday, February 8, 1977
Pg. 2, 2nd para . , 3rd line, after "assessment," add "easement" .
MOTION: Osterholt moved, seconded by Meyers , to approve the
minutes of the Council meeting held Tuesday, February 8, 1977,
as amended and published. Motion carried unanimously.
B. Minutes of the Council Meeting held Tuesday, February 15, 1977
MOTION: Meyers moved, seconded by Bye, to approve the minutes
of the Council meeting held Tuesday, February 15, 1977, as
published. Motion carried unanimously.
r
III. PUBLIC HEARINGS
A. Sanitary Sewer and Watermain Improvements on Heritage Road, I .C. 51-290
City Engineer Jullie spoke to his memo dated February 25, recommending
that the Council adopt Resolution No. 1220, ordering the sanitary
sewer and water improvements on Heritage Road, I.C. 51-290, subject to
receipt of $2,000 from the proponents to be used as a $400 per lot
credit against the sp^cial assessments for Lots 3 and 5, Block 1 , and
Lots 7, 8 and 9, Block 4, Heritage Park First Addition.
( MOTION: Osterholt moved, seconded by Bye, to close the Public Hearing
and adopt Resolution No. 1220, subject to conditions outlined in City
Engineer Jullie' s memo dated February 25, 1977. Motion carried unanimously.
; Minutes - 2 - Tues. ,r,arcn 9; 7
B. Vacation of residue portion of West 78th Street near T. H. 169
City Manager U1 stad spoke to Resolution No. 77-27 and recommended i
approval of same.
MOTION: Osterholt moved, seconded by Pauly, to close the Public
Hearing and adopt Resolution No. 77-27, vacating a portion of
West 78th Street near T. H. 169. Motion carried unanimously.
C. Mark Allen Lewis request for a 30 foot setback on Lot 2, Block
3, Kings Forest Addition to Stevens Heights
City Manager U1 stad explained that the Board of Appeals & Adjustments
had turned down the request from Mark Allen Lewis for a 30 foot
setback on Lot 2, Block 3, Kings Forest Addition to Stevens Heights;
however, Mr. Lewis had requested to be heard before the Council
at a Public Hearing for this purpose.
Mrs. Lewis gave a short slide presentation on the proposed
site location at the various setbacks . She explained that they
would save approximately 5 trees with a 30 foot setback.
Roger Sandvi k, 14280 Stratford Road, stated he did not think this fi
kind of precedent would adhere to the present aesthetic value
of the Kings Forest area, and that the other homes in the area are
at a significant setback. He further explained that in his opinion
a 35 foot setback would be fair and just.
C Councilwoman Meyers spoke to the telephone call she had received
from Mr. Ken Nelson, who resides in the area, who wished to be
recorded as being in support of the Lewis ' request for the 30 foot
setback.
MOTION: Osterholt moved, seconded by Meyers, to close the Public
Hearing and deny the request of Mark Allen Lewis for a 30 foot setback
on Lot 2, Block 3, Kings Forest Addition to Stevens Heights. Bye,
Meyers , Osterholt and Penzei voted "aye" . Pauly voted "nay" . Motion
carried.
D. Eden Prairie Industrial Park PUD and Rezoning to Industrial
Planner Putnam reviewed the Staff Reports dated January 17 and February 10,
and the Planning Commission meeting held February 14, 1977. He explained
that the Planning Commission supported land use Alternate D. The Planning
Commission recommended that future road access from County Road 4 be
provided as the need develops.
t
3
Mr. Eide, Jr. , Roll Tank Company, and Ernie Moe, representing Mr.
Kanstra , spoke in favor of the I-General zoning.
3
Glen Reed, Water Products , questioned the closing of the entrance to
Kibbey Engineering. Meyers suggested that there be an alternate driveway
access to Water Products and Kibbey Engineering from Fuller Road in addition
{ to the present access to Highway 5.
r
a
D. Eden Prairie Industrial Part: r ' ` rid Rezon ing to Industrial (continued)
a
MOTION: Bye moved, seconded by Pauly, to close the Public Hearing
and adopt Resolution No- 77-19, approving the Eden Prairie Industrial
' Park Planned Unit Development to be developed as per the land use
plan Alternate D and Transportation Plan alternatives identified in
the January 17 , 1977 Staff Report and Planning Commission minutes
dated February 14, 1977- Said PUD approval to exclude the present
residential properties . Motion carried unanimously.
MOTION: Bye moved, seconded by Pauly, to approve the First Reading
of Ordinance No. 77-9, rezoning from I-2 to I-General the areas
designated in the PUD for the Southeast Quadrant of the County Road 4
T.H. 5 Intersection, with appropriate buffering to be worked nut
with staff, homeowners and new I-General ownership prior to the
2nd Reading of Ordinance No. 77-9.
MOTION TO AMEND: Meyers moved, seconded by Osterholt, to amend
the previous motion by directing the City Attorney to draft a Developer's
Agreement to include as part of the I-General rezoning that Kibbey
Engineering, in addition to their present access to Highway 5, provide an
alternate access from the easterly portion of their property,referred
to as the Water Products site, to Fuller Road prior, to the 2nd Reading
of Ordinance No. 77-9. Meyers , Osterholt and Penzel voted "aye" ,
Bye and Pauly voted "nay" . Motion carried.
Larry Johnson, Kibbey Engineering, stated they have sold property to
their West and there would not be any access for- them to get out of their
property except for what they presently now have.
MOTION AS AMENDED: Meyers moved, seconded by Osterhol t, to approve
the previous motion as amended. Motion carried unanimously.
E. Garrison Forest by The Preserve. The site is located east of Amsden
Hi 11 s and West of Co. Rd . 18.
Don Hess , representing The Preserve, outlined the proposal and
answered questions of Council members.
John Retterath, 9011 High Point Circle, questioned what the recreational
facilities for this total area would be. Planner Putnam pointed out
two facilities : 1) Acquisition of a site for a neighborhood playground
east of Franlo Road to be acquired with monies from the City, and 2)
a mini-park along Franlo Road in the low area north of Amsden Hills.
Council requested a report from Staff on the $275.00 park fee as it
relates to The Preserve's property.
MOTION; Meyers moved, seconded by Bye, to close the Public Hearing
and approve the 1st RPadi ng of Ordinance No. 77-11 , rezoning the 16
acres , including Outlot A, from Rural to R1-13. 5 for the approximately
50 single family lots. Hotion- carried unanimously.
rb
E. Garrison Forest by The Preserve (continued)
MOTION : Meyers moved, seconded by Osterhol t, to direct the City
Attorney to draft a rezoning agreement covering the following:
trail connection from Prairie East Subdivision through the Amsden
Hills and Garrison Forest Subdivision , explore the possibility of
an extension of Garrison Way southerly to connect with Linden
Drive or a feasible alternate extension to County Road 18, and resolution of the
per unit park dedication fee. Motion carried unanimously.
MOTION : Osterhol t moved, seconded by Bye, to adopt Resolution
No. 77-26, approving the preliminary plat for Garrison Forest.
Motion carried unanimously. j
F. Board of Appeals & Adjustments Ordinance No. 77-6, amending
Ordinance No. 135
r
i
MOTION : Bye moved, seconded by Osterhol t, to close the Public
Hearing and approve the 1st Reading of Ordinance No. 77-6, relating
to Board of Appeals & Adjustments and amending Ordinance No. 135,
adding "500" on pg. 3, under Subdivision 17.4 and using Alternate
A as part of Subdivision 17.6. Motion carried unanimously.
9
IV. PETITIONS, REQUESTS & COMMUNICATIONS
A. Carnes RLS, request for approval of an RLS of Tract F of RLS -
#1421 into 6 lots
City Manager U1 stad explained that this item was before the Council
on January 18 and there was a question relative to the easement
running over and across adjacent properties.
City Attorney Perbix explained that he had met with Mr. Carnes
and Mr. Carnes is willing to abandon the easement.
Mr. Edward Ames, representing Mr. Carnes, outlined the area on a
map.
MOTION : Osterholt moved, seconded by Bye, to app►rove the subdivision
of Tract F of RLS 1421 into 2 building sites and a roadway, contingent
on the following conditions : 1) that Carnes release any easement
he has running from his property northward to Rowland Road, and 2) that
Carnes be released from the obligation to provide a pathway as set
forth in the rezoning agreement dated April 6, I R76 under item
3. e. Motion carried unanimously.
B. Mr. Helle's request for rezoning
City Manager U1 stad acknowledged a request From Mr. Hel 1 e to continue
this item to March 15, 1977.
MOTION : Os terholt moved, seconded by Bye, to continue Mr. Hel i e's
request to the March 15, 1977 Council meeting. Motion carried
unanimously.
i
y
Y PESOLUTIONS
A. 1st Reading of Ordinance No. 77-12, amending Ordinance No. 315, u
correcting legal description on Minnesota Protective Life
i
MOTION: Meyers moved, seconded by Penzel , to approve the 1st Reading
of Ordinance No. 77-12, amending Ordinance No. 315, correcting legal
description on Minnesota Protective Life property. Meyers , Penzel ,
Bye and Pauly voted "aye" , Osterholt "abstained". Motion carried.
B. 2nd Reading of Ordinance No. _77-7, relating to the creation of a
Planning and Zoning Commission for the pity of Eden Prairie and
repealing Ordinance No. 255
Meyers requested on page 2, that the last part of item (2) be
brought over to the left hand margin. City Attorney Perbix
stated he would make the necessary change.
MOTION: Bye moved, seconded by Osterholt, to approve the 2nd Reading
of Ordinance No. 77-7, relating to the creation of a Planning and
Zoning Commission for the City of Eden Prairie and repealing
Ordinance No. 255. Bye, Osterholt and Pauly voted "aye" ,
Meyers and Penzel voted "nay" . Motion carried.
C. 2nd Reading of Ordinance No. 77-5, relating to the Historical
and Cultural Advisory Commission and amending Ordinance No. 346
Change to be made on page 2, the last part of item (2) to be
brought over to the left hand margin. City Attorney Perbix to
make the necessary change.
MOTION: Bye moved, seconded by Pauly, to approve the 2nd Reading
of Ordinance No. 77-5. relating to the Historical and Cultural
Advisory Commission and amending Ordinance No. 346. Bye,
Pauly, Osterholt and Penzel voted "aye" , Meyers voted "nay".
Motion carried.
D. 2nd Reading of Ordinance No. 77-4, relating to the Industrial
Commission for the City of Eden Prairie and amending Ordinance
No. 79
Change to be made on page 1, the last part of item (2) to be
brought over to the left hand margin. City Attorney Perbix to
make the necessary change.
MOTION: Osterholt moved, seconded by Bye, to approve the 2nd
Reading of Ordinance No. 77-4, relating to the Industrial
Commission for the City of Eden Prairie and amending Ordinance
No. 79. Osterholt, Bye, Meyers and Pauly voted "aye", Penzel
voted "nay". Motion Carried.
.._
E. 2nd Readinq of Ordinance No. 77-2, relating to the Human Rights
Commission and amending Ordinance No.—111 as amended
Change to be made on page 2, the last part of item (2) to be
brought over to the left hand margin. City Attorney Perbix to
make the necessary change.
MOTION: Bye moved, seconded by Pauly, to approve the 2nd Reading
of Ordinance No. 77-2, relating to the Human Rights Commission
and amending Ordinance No. Ill as amended. Bye, Pauly and Osterholt
voted "aye" , Meyers and Penzel voted "nay" . Motion carried.
F. 2nd Reading of Ordinance No. 77-3, relating to the Parks , Recreation
& Natural Resources Commission and amending Ordinance No. 291
fi
Change to be made on page 2, the last part of item (2) to be
brought over to the left hand margin. City Attorney Perbi x to
make the necessary change and also to make language uniform to
other ordinances.
MOTION: Osterholt moved, seconded by Pauly, to approve the 2nd
Reading of Ordinance No. 77-3, relating to the Parks , Recreation
& Natural Resources Commission and amending Ordinance No. 291 .
Osterholt, Pauly and Bye voted "aye" , Meyers and Penzel voted "nay" .
Motion carried. z
G. lst_Reading of Ordinance No._77-13, relating to t'le Building
Codes and amending Ordinance No. 248
i
Changes to be made to Ordinance No. 77-13: Pg. 1, 1st para. of s
Section 204. 6, Subdivision 1 , strike "seven members" and insert
"five members" ; and on pg. 2, item (2) to be brought over to the y
left hand margin. City Attorney Perbi x to make the necessary
changes . ¢
MOTION : Osterholt moved, seconded by Meyers,to approve the
1st Reading of Ordinance No. 77-13, relating to the Building Codes i
and amending Ordinance No. 248. Osterholt, Meyers, Bye, Pauly
and Penzel voted "aye" . Motion carried unanimously.
VI. APPOINTMENTS
A. *Ap2ointment of 3 members to the Planning & Zoning Commission for
three ear terms to commence March 1 , 1977
B. *ApRgjntment of 3 members to the Historical and Cultural Commission for
three year terms to commence March 1 , 1977 -
C. *Appointment of seven members to the Industrial Commission for three year
terms to commence March 1 , 1977
Q *Appointment of one member to the Parks , Recreation & Natural Resources
Commission for a three year term to commence March 1 1977
�. *Appointment of seven members to the Human Rights Commission for three
year terms to commence March 1 , 1977
*The following action was taken on items VI . , A, B, C, D, & E:
Council tl t nutes - 7 - Tees. ,t:urch 1 , li
f
�)p
VI. APPOINTMENTS (continued)
MOTION: Meyers moved that those Council members who have names
to be submitted for nomination be voted on tonight to fill the
several vacancies as listed. Motion died for lack of a second.
c
MOTION: Osterholt moved, seconded by Bye, to continue VI. ,A,B,C,D & E to
the first meeting in April) and request members of Boards and
Commissions whose terms have expired to serve Until that time.
Further that anyone who is interested in serving on a particular
Board or Commission submit their request to the City Manager
to be distributed to Council members prior to the 1st meeting
in Apri 1 . Osterholt, Bye and Pauly voted "aye", Penzel and
Meyers voted "nay". Motion carried.
Meyers explained that her "no" vote was for extension of time and
not against soliciting of information. -
Council requested that information as to the vacancies on the
Boards and Commissions be publicized, i .e. , Eden Prairie News
and Happenings Newsletter.
V1I I. REPORTS OF OFFICERS, BOARDS & COMMISSIONS
A. Reports of Council members
1. Report of Councilwoman Pauly
Pauly spoke to four Public Hearings which have been
requested by the proponents.
MOTION: Pauly moved, seconded by Bye, to set
April 5, 1977 as the Public Hearing date for the
following proposals - 1) Edenvale Industrial
Park, Outlot F, 2) Woodlands Addition, Edenvaie
NW Area , 3) Tudor Oaks, Convenant Living Centers ,
Mn. ,Inc. , and 4) Prairie East Third Addition. Motion
carried unanimously.
2. Report of Councilwoman Meyers
Meyers reported on the Board of Appeals & Adjustments
meeting held February 17, 1977.
B. Reports of Advisory Commissions
No Reports.
C. Report of City Manager
1. Status Report on Fire Department Capital Improvement Program
N
City Manager Uistad explained that this item has been before
the Council in December and at that time the Council requested
Council t'inutes - 8 - Tues. ,March 1 , 1977
1. Status Report on Fire Department Cali tal Improvement Program
(Conff nued�
additional information relative to specific locations and
approximate dollar costs which now have been received .
Ulstad spoke to menios dated December 9, 1976 and March 1 ,
1977 and answered questions of Council members.
Chief Ray Mitchell , Eden Prairie Fire Department,stated that
they would like to meet with various homeowners associations 5
and civic groups to find out if support for their proposal
can be obtained.
Counci 1 members directed staff to proceed with meetings with
homeowners associations, civic organizations, etc.
D. Report of Director of Community Services
1. Consider bids for tractor and bucket truck
Director of Community Services Jessen spoke to his memo dated
March 1 , 1977 recommending awarding of the contract for a General
Utility Tractor to Valley Equipment in the amount of
$8,090. 00.
Gregg Carlson, Carlson Equipment, spoke to his bid and requested
l Council consider same. Although Carlson Equipment-was the lowest
bidder, Jessen recommended the second lowest bidder as Carlson
Equipment bid a Long Diesel Tractor which is a FIAT-made import
from Italy and does not strictly meet the specifications. Also
the City s investigation finds that parts and repair may be difficult
to secure in a timely fashion.
MOTION: Osterholt moved, seconded by Meyers, to award the bid
for a General Utility Tractor to Valley Equipment in the amount of
$8,090. 00. Roll Call Vote: Osterholt, Meyers, Bye and Penzel 4
voted "aye" , Pauly abstained. Motion carried.
Jessen spoke to his memo dated March 1 , 1977 on bids received
for a Truck with Aerial Basket and recommended awarding the contract
to Landco Equipment, Inc. , in the amount of $19,119. 00.
MOTION: Osterholt moved, seconded by Bye, to award the bid for a
Truck with Aerial Basket to Landco Equipment Company in the amount
of $19,119. 00. Roll Call Vote: Osterholt, Bye, Meyers, Pauly and
Penzel voted "aye" . Motion carried unanimously.
2. Request to advertise for bids for log loader
Director of Community Services Jessen spoke to his request to
advertise for a log loader.
t
MOTION: Osterholt moved, seconded by Bye, to authorize the
advertisement of bids for a log loader to be received on April 1 ,
1977 and received on April 5, 1977. Motion carried unanimously.
9 - Tues . _
Jessen referred to a communication received from Pete Grills,
Department of Agriculture, which outlines a grant of $49, 100 to
be used for dutch elm removal for the City of Eden Prairie for
1976. (Communication dated February 22, 1977)
E. Report of City Engineer
1. Ap rove plans and specifications and order advertisement for
bids on utility and street improvements in Forest Knolls
2nd Addition, I . C. 51-294
City Engineer Jullie recommended approval of Resolution
No. 77-29.
MOTION: Osterholt moved, seconded by Pauly, to adopt
Resolution No. 77-29, approving plans and specifications
and ordering advertisement for bids ( I. C. 51-294). Motion
carried unanimously.
2. Approve plans and specifications and 'order advertisement
for bids on utility and street improvements in Stewart
Highlands , I . C. 51-299
City Engineer Jullie recommended approval of Resolution
No. 77-28.
MOTION: Meyers moved, seconded by Pauly, to adopt _
Resolution No. 77-28, approving plans and specifications
and ordering advertisement for bids (I. C. 51-299). Motion
carried unanimously.
3. Final Plat approval for Maple Leaf Acres 2nd Addition
City Engineer Jullie spoke to his memo dated February 24,
1977 and recommended approval of Resolution No. 77-31 .
MOTION: Meyers moved, seconded by Eve, to adopt Resolution No. 77-31 ,
approving the Final Plat for Maple Leaf Acres 2nd Addition. Motion
carried unanimously.
4. Joint Use Rental Agreement with Metropolitan Waste Control
Commission for the Duck Lake-1 Trunk Sanitary Sewer
City Engineer Jullie recommended approval of the Joint Use
Rental Agreement with the Metropolitan Waste Control Commission
for the Duck Lake-1 Trunk Sanitary Sewer.
MOTION: Bye moved, seconded by Osterholt, to authorize the Mayor
and City Manager to sign the Joint Use Rental Agreement, Contract
No. 438, with the Metropolitan Waste Control Commission for the
Duck Lake-1 Trun:: Sanitary Sewer. Motion carried unanimously.
S. RLS for The Preserve Church Site at Center Way and Anderson Lakes
Parkway
City Engineer Jullie spoke to his memo dated February 24, 1977
and recommended approval of the Registered Land Survey for the
Missouri Synod Lutheran Church site in The Preserve.
r L5
5. RLS for The Preserve Church Site at Center Way and Anderson
ke Las Parkway(conti'nuedj ---�-
MOTION: Meyers moved, seconded by Osterholt, to approve the
Registered Land Survey for the Missouri Synod Lutheran Church
site in The Preserve. Motion carried unanimously.
F. Report of Finance Director
1. Clerk's License List j
MOTION: Bye moved, seconded by Pauly, to approve the Clerk's
License List dated March 2, 1977. Motion carried unanimously.
2. Payment of Claims Nos. 9851 - 9955
MOTION: Osterholt moved, seconded by Meyers , to approve Payment
of Claims Nos. 9851 - 9955. Roll Call 'Dote: Osterholt, Meyers,
Bye, Pauly and Penzel voted "aye". Motion carried unanimously.
VIII. NEb4' BUSINESS
A. Discussion of City Manager' s Salary
i
MOTION: Osterholt moved , seconded by Bye, to set the City Manager's
salary at $32,000 effective March 15, 1977. Motion carried unanimously.
� Other New Business
1. Planner Putnam distributed the Comprehensive Guide Plan
Notebooks to Council members. He further explained that
our allocation for updating our Comprehensive Guide Plan
from the Metropolitan Council is $1 1 ,100. Staff requested
Council members to call either Don Brauer or Planner Putnam
with any questions or suggestions.
2. Planner Putnam spoke to request from Wally Hustad affecting
the Purgatory Creek Corridor from County Road 1 South to the
Minnesota River.
Pauly requested that all property owners on the north and south
side of Purgatory Creek be notified when this item
comes before the Council .
IX. ADJOURNMENT
MOTION: Osterholt moved, seconded by Bye, to adjourn the meeting at
11 :15 PM. Motion carried unanimously.